People v. Hillard
| Decision Date | 07 June 2017 |
| Citation | 56 N.Y.S.3d 232,151 A.D.3d 743 |
| Court | New York Supreme Court — Appellate Division |
| Parties | The PEOPLE, etc., respondent, v. Tyquan HILLARD, appellant. |
151 A.D.3d 743
56 N.Y.S.3d 232
The PEOPLE, etc., respondent,
v.
Tyquan HILLARD, appellant.
Supreme Court, Appellate Division, Second Department, New York.
June 7, 2017.
Lynn W.L. Fahey, New York, NY (Caitlin Halpern of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Howard B. Goodman of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., SHERI S. ROMAN, ROBERT J. MILLER, and FRANCESCA E. CONNOLLY, JJ.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ingram, J.), rendered May 4, 2012, convicting him of criminal possession of a weapon in the second degree and unlawful possession of marijuana, upon a jury verdict, and imposing sentence. The appeal brings up for the review the denial, after a hearing (Sullivan, J.), of that branch of the defendant's omnibus motion which was to suppress three statements he made to law enforcement officials.
ORDERED that the judgment is modified, on the law and as a matter of discretion
in the interest of justice, by vacating the conviction of unlawful possession of marijuana, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed, and that branch of the defendant's omnibus motion which was to suppress three statements he made to law enforcement officials is granted.
During the course of a "buy and bust" operation, two police officers in plain clothes observed the defendant walking toward them. Upon making eye contact with one of the officers, the defendant was observed grabbing what appeared to be a pistol grip near his right thigh, and the officers saw what they believed to be the outline of a gun inside the defendant's pants. While still gripping his right thigh, the defendant turned around and ran inside a building and up three flights of stairs, where he was tackled by one of the officers just as he was unlocking the door to the apartment where he lived with his mother. The defendant was immediately handcuffed, and the police subsequently recovered a weapon from the defendant's person, as well as a bag of marijuana from inside the defendant's apartment.
Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in precluding the defendant from calling his mother and a neighbor to testify at the trial. Based on the defendant's offer of proof, the testimony would have been...
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People v. Davis
...of eliciting an incriminating response (see People v. Licurgo, 277 A.D.2d 396, 396–397, 716 N.Y.S.2d 106 ; cf. People v. Hillard, 151 A.D.3d 743, 744, 56 N.Y.S.3d 232 ). Accordingly, the hearing court properly denied that branch of the defendant's omnibus motion which was to suppress his st......
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People v. Davis
...of eliciting an incriminating response (see People v. Licurgo, 277 A.D.2d 396, 396–397, 716 N.Y.S.2d 106 ; cf. People v. Hillard, 151 A.D.3d 743, 744, 56 N.Y.S.3d 232 ). Accordingly, the hearing court properly denied that branch of the defendant's omnibus motion which was to suppress his st......
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People v. Morales
...a new trial thereon (see People v. Flynn, 79 N.Y.2d 879, 882, 581 N.Y.S.2d 160, 589 N.E.2d 383 [1992] ; People v. Hillard, 151 A.D.3d 743, 744–745, 56 N.Y.S.3d 232 [2d Dept. 2017], lv denied 30 N.Y.3d 1019, 70 N.Y.S.3d 452, 93 N.E.3d 1216 [2017] ). We also agree with defendant that the sent......
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People v. Smouse
...591 [1976] ; see generally People v. Flynn, 79 N.Y.2d 879, 882, 581 N.Y.S.2d 160, 589 N.E.2d 383 [1992] ; People v. Hillard, 151 A.D.3d 743, 745, 56 N.Y.S.3d 232 [2d Dept. 2017], lv denied 30 N.Y.3d 1019, 70 N.Y.S.3d 452, 93 N.E.3d 1216 [2017] ).It is hereby ORDERED that the judgment so app......
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Objections & related procedures
...ofer of proof, where the proposed testimony would have been collateral matters or constituted inadmissible hearsay. People v. Hillard , 151 A.D.3d 743, 56 N.Y.S.3d 232 (2d Dept. 2017). Trial court properly exercised its discretion in precluding the defendant from calling his mother and neig......
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Objections & related procedures
...ofer of proof, where the proposed testimony would have been collateral matters or constituted inadmissible hearsay. People v. Hillard , 151 A.D.3d 743, 56 N.Y.S.3d 232 (2d Dept. 2017). Trial court properly exercised its discretion in precluding the defendant from calling his mother and neig......
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Objections & related procedures
...for appeal, defendant also failed to establish the relevance of the proposed testimony in defendant’s offer of proof. People v. Hillard , 151 A.D.3d 743, 56 N.Y.S.3d 232 (2d Dept. 2017). Trial court properly exercised its discretion in precluding the defendant from calling his mother and ne......
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Objections & related procedures
...ofer of proof, where the proposed testimony would have been collateral matters or constituted inadmissible hearsay. People v. Hillard , 151 A.D.3d 743, 56 N.Y.S.3d 232 (2d Dept. 2017). Trial court properly exercised its discretion in precluding the defendant from calling his mother and neig......